Elections panel accepts second Pepper complaint

The Ohio Elections Commission has found probable cause that David Pepper violated election laws for implying he was mayor in a second campaign commercial.

The commission had already ruled on Sept. 1 that Pepper had violated campaign laws by running a television commercial that had the word "Mayor" in bold print under his name.

The complainant in that case, Rev. Donald Tye Jr., has amended his complaint to include another Pepper ad in which Pepper said, "The only way to fight crime is when the mayor fights crime. David has that experience." A three-member panel, meeting this morning in Columbus, agreed to accept that complaint this morning. A hearing date will be set after Tuesday's non-partisan primary.

The commission's executive director, Philip C. Richter, said punishment was unlikely given that the commission has already found a related violation without seeking punishment. "This is not a typical case that the commission would refer for further prosecution," he said.

Further mitigating any violation, Richter said, was the fact that Pepper pulled the ads before Tye filed his amended complaint.

Pepper's opponents seized on the latest ruling with press releases implying Pepper has already been found guilty of a second violation.

"David Pepper broke the law again. Is it too much to ask David Pepper to obey the law?" said a statement from Hamilton County GOP Executive Director Brad Greenberg, who was also Tye's lawyer in the complaint.

Democratic state Sen. Mark L. Mallory, who is one of six candidates running against Pepper Tuesday: "It is outrageous that David Pepper refuses to follow election law. He is a lawyer, yet either he can't follow simple election laws, or he doesn't care about following the law. David Pepper has spent a lot money on television advertisements, but Cincinnati voters can't trust that his advertising is truthful. It is clear that David Pepper will say or do anything to try to win this election."

Pepper campaign spokeswoman Anne Sesler responded: "It's the same set of ads. It's the same person filing the complaint. It's all the same stuff all over again. Once again, we never would want anyone to think that David was mayor given what's been going on at City Hall the last few years."